10-1-2020 Kemmerer Gazette Legals


NOTICE OF FINAL ACCEPTANCE
To all persons, corporations or firms who have any claim for work done for or any materials furnished to Kilgore Companies, LLC dba Lewis and Lewis, Inc. for the City of Kemmerer’s, “2020 Lincoln Heights Drive Re-Surfacing Project” located in Kemmerer, Wyoming.
You are hereby notified that the City Kemmerer, Wyoming has accepted as completed, according to plans and specifications and rules set forth in the Agreement between the City and the aforementioned Contractor, the work in connection with the 2020 Lincoln Heights Drive Re-Surfacing Project, and that said Contractor is entitled to final settlement.
You are further notified that upon October 9, 2020 being the 41st day after the first publication of this Notice, the City of Kemmerer will pay to Kilgore Companies, LLC dba Lewis and Lewis, Inc. the full amount due under said Contract, and in the event that your claim is not filed with said City prior to said October 9, 2020, the same shall be waived.
This notice is given pursuant to Section 16-6-116 Wyoming Statutes.
Dated this 17th of September 2020.
City of Kemmerer
220 Wyoming Highway 233
Kemmerer, WY 83101
(s) Anthony Tomassi, Mayor
PUBLISHED: Sept. 24, Oct. 1, 8, 2020 09241

NOTICE OF APPLICATION FOR TRANSFER OF RETAIL LIQUOR LICENSE
Notice is hereby given that on the 9th day of September, 2020, Matthew W Wright, dba Kettle, filed an application for transfer of a bar and grill liquor license currently held by Mackaben, Inc., dba Hams Fork Grill, in the office of the City Clerk, City of Kemmerer for the following described place:
Transfer – Bar & Grill Liquor License #1 – Mackaben, Inc., dba Hams Fork Grill, 307 Hwy 189 North, Kemmerer, Wyoming to Matthew W. Wright, dba Kettle, 307 Hwy 189 North, Kemmerer, Wyoming
and protests, if any there be, against the transfer of the license will be heard at the hour of 7 p.m. on Monday, October 12, 2020, in the City Council Chambers, City Hall, Kemmerer, Wyoming.
Dated this 17th day of September, 2020
Natasia Diers, Acting City Clerk
PUBLISHED: October 1, 2020 and October 8, 2020 10013


Department of Environmental Quality, Division of Air Quality
PUBLIC NOTICE
In accordance with Chapter 6, Section 2(m) of the Wyoming Air Quality Standards and Regulations, notice is hereby given that the State of Wyoming, Department of Environmental Quality, Division of Air Quality, proposes to approve a request by Dominion Energy Questar Pipeline, LLC to construct and operate portable tanks, stationary tanks, pig receivers and launchers for pigging activities at various locations in Sweetwater, Lincoln, Carbon and Uinta Counties, Wyoming.
For the duration of the public comment period, the permit application, the agency’s analysis, and the public notice are available for public inspection online at https://openair.wyo.gov, utilizing facility ID F030095 and permit number P0028369 under permits. Additionally, during the state of emergency declared by Governor Gordon on March 13, 2020, if you have questions about or need assistance accessing the materials, please contact Nancy Vehr, Air Quality Division Administrator, Department of Environmental Quality, 200 West 17th St., Cheyenne, Wyoming 82002, by fax at 307-635-1784, via phone at 307-777-3746, or via email at [email protected] In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.
Written comments may be directed to Nancy Vehr, Administrator, Division of Air Quality, Department of Environmental Quality, 200 West 17th St., Cheyenne, Wyoming 82002 or by fax (307) 635-1784. Please reference A0011020 in your comment. Comments submitted by email will not be included in the administrative record. All comments received by 5:00 p.m., Monday, November 2, 2020 will be considered in the final determination on this application. A public hearing will be conducted only if in the opinion of the administrator sufficient interest is generated or if an aggrieved party so requests. For the duration of the state of emergency declared by Governor Gordon on March 13, 2020, public hearings will be conducted telephonically. Para español, visite deq.wyoming.gov.
PUBLISHED: Oct. 1, 2020 10016

FORECLOSURE SALE NOTICE
(For Publication)
WHEREAS NOTICE IS HEREBY GIVEN that a default in the payment under the terms of a secured and perfected Note has occurred. The Note is secured by a Mortgage dated July 28, 2003 and recorded on August 1, 2003 at REC # 892139 Book 529, Page 247 in the records of Lincoln County, Wyoming from Kent D Coziah, to Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage for the amount of $81,500.00. The Mortgage having been assigned to and now in possession of Bayview Loan Servicing, LLC, through an assignment recorded on May 29, 2019 at REC# 1003592 Book 948, Page 672 ASSIGNMENT in the records of Lincoln County, Wyoming.
WHEREAS the Mortgage contains a power of sale, which by reason of the default that has occurred, the Mortgagee has declared to become operative, and no suit or proceeding has been instituted to recover the debt secured by the Mortgage, or any part thereof, nor has any suit or proceeding instituted and the same discontinued and:
WHEREAS written Notice of Intent to Foreclose by Sale and Advertisement has been served upon the record owner and party in possession of the mortgaged premises at least ten (10) days prior to commencement of the publication, and the amount due upon the Mortgage at the date of first publication of this notice of sale being the total sum of $57,257.49 which consists of the unpaid principal balance of $54,251.91, plus outstanding charges, attorney fees, costs expected, accruing interest and late charges after the date of first publication of this notice.
WHEREAS this property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid.
NOW, THEREFORE Bayview Loan Servicing, LLC as Mortgagee, will have the Mortgage foreclosed as by law provided by having the mortgaged property sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash on October 27, 2020 at 10:00 AM at the front door of the Lincoln County Courthouse located 925 Sage Avenue, Kemmerer, Wyoming 83101. For application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to wit:
Part of Section 1, T32N R119W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at a point 1155 feet West of the North ¼ corner of said Section 1 and running South 528 feet; thence West 165 feet; thence North 528 feet; thence East 165 feet to the POINT OF BEGINNING.
With an address of 739 Hwy 237, Grover, Wyoming 83122. Together with all improvements thereon situated and all fixtures and appurtenances, thereto.
Bayview Loan Servicing, LLC
Scott D. Toebben, Wyoming State Bar No. 7-5690
Randall S. Miller & Associates, P.C. - CO
216 16th Street, Suite 1210
Denver, CO 80202
Phone: 720-259-6710
[email protected]
PUBLISHED: Oct. 1, 8, 15, 22, 2020 10011

ADVERTISEMENT FOR BIDS
Separate sealed BIDS for the purchase and installation of two (2) new 2020 Flat Gray Dump Boxes and Hydraulic Systems as per specs, for the City of Kemmerer (OWNER) will be received at the Administrative Services Office, City Hall, 220 Wyoming Highway 233, Kemmerer, Wyoming, 83101, until 2 p.m. local time Thursday, October 8, 2020, at which time and place said bids will be publicly opened and read aloud.
Bid packets and specifications can be received from the Administrative Services Office, City of Kemmerer, 220 Wyoming Highway 233, Kemmerer WY 83101.
If, at the time the bid is to be awarded, the OWNER determines that the amount of funds available is sufficient to finance the purchase, the bid may be awarded to the lowest responsible BIDDER. Determination of the lowest responsible BIDDER shall take into account all applicable provisions of Wyoming Statues 1977, as amended.
The contact shall be awarded to the responsible certified resident bidder (as defined by Wyoming Statutes) making the lowest bid if the certified resident’s bid is not more than five percent (5%) higher than that of the lowest responsible non-resident bidder. The City of Kemmerer also has a local preference policy. A local business may receive a local preference on all applicable purchases subject to City Council consideration of other factors:
The following terms will be defined as indicated.
1. Any business physical located in Lincoln County, Wyoming and within 50 miles of Kemmerer City Hall.
2. Local preference: any qualified, responsible bidder as determined by the City Council, whose bid on an applicable purchase is within 5% of the lowest, qualified, responsible bid will be considered the low bidder.
3. Applicable purchase: any purchase by the City of Kemmerer which is required to be bid under Wyoming State Statutes.
4. Other factors: means availability of goods, services, and maintenances.
The City of Kemmerer reserves the right to reject any and all bids, to waive any informativity in bids and to accept any bid or bids deemed to be in the best interest of the City of Kemmerer. Bids must be original, signed, sealed bids on our forms. Faxed bids will not be accepted. Bids may not be withdrawn after the time fixed for opening them and remain valid for 60 days.0
PUBLISHED: Sept. 24, Oct. 1, 2020 09242

Department of Environmental Quality, Division of Air Quality
PUBLIC NOTICE
In accordance with Chapter 6, Section 2(m) of the Wyoming Air Quality Standards and Regulations, notice is hereby given that the State of Wyoming, Department of Environmental Quality, Division of Air Quality, proposes to approve a request by Dominion Energy Overthrust Pipeline, LLC to construct and operate portable tanks, stationary tanks, pig receivers and launchers for pigging activities at various locations in Sweetwater, Lincoln, Carbon and Uinta Counties, Wyoming .
For the duration of the public comment period, the permit application, the agency’s analysis, and the public notice are available for public inspection online at https://openair.wyo.gov, utilizing facility ID F030094 and permit number P0028370 under permits. Additionally, during the state of emergency declared by Governor Gordon on March 13, 2020, if you have questions about or need assistance accessing the materials, please contact Nancy Vehr, Air Quality Division Administrator, Department of Environmental Quality, 200 West 17th St., Cheyenne, Wyoming 82002, by fax at 307-635-1784, via phone at 307-777-3746, or via email at [email protected] In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.
Written comments may be directed to Nancy Vehr, Administrator, Division of Air Quality, Department of Environmental Quality, 200 West 17th St., Cheyenne, Wyoming 82002 or by fax (307) 635-1784. Please reference A0011018 in your comment. Comments submitted by email will not be included in the administrative record. All comments received by 5:00 p.m., Monday, November 2, 2020 will be considered in the final determination on this application. A public hearing will be conducted only if in the opinion of the administrator sufficient interest is generated or if an aggrieved party so requests. For the duration of the state of emergency declared by Governor Gordon on March 13, 2020, public hearings will be conducted telephonically. Para español, visite deq.wyoming.gov.
PUBLISHED: Oct. 1, 2020 10014

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
WITHIN AND FOR LINCOLN COUNTY, WYOMING
STEPHEN PECK,)
Plaintiff, )
vs. )
KENNETH TEMPLETON and ROCKY )
MOUNTAIN SPECIALTY SERVICES LLC, )
Defendants. ) Case No. CV-2020-27-DC
NOTICE OF COMPLAINT
TO: KENNETH TEMPLETON and ROCKY MOUNTAIN SPECIALTY SERVICES, LLC
TAKE NOTICE that on the February 24, 2020, Plaintiff, Stephen Peck, caused to be filed a Complaint in the District Court of the Third Judicial District for Lincoln County, Wyoming, wherein Plaintiff is seeking damages exceeding $100,000.00 for negligence, violation of various motor vehicles laws and vicarious liability related to destruction of a 1968 Chevrolet Chevelle resulting from a motor vehicle accident on February 23, 2018 in which Defendant Templeton was driving as an agent for Defendant Rocky Mountain Specialty Services, LLC.
TAKE FURTHER NOTICE that unless you answer said Complaint or otherwise respond within thirty (30) days from the last date of publication of this Notice, default will be entered against you and Plaintiff will be granted the relief demanded in the Complaint.
CLERK OF THE DISTRICT COURT
/s/ Jenny Clarke
Deputy Clerk
PUBLISHED: Oct. 1, 8, 15, 22, 2020 10017

CITY COUNCIL PROCEEDINGS
The Kemmerer City Council met in regular session this 14th day of September, 2020, at 7:00 p.m. in the City Council Chambers, City Hall, Kemmerer, Wyoming. The Pledge of Allegiance was recited. Present on roll call were Mayor Anthony Tomassi, Councilman Robert Bowen, Councilman Bill Price, Councilman John Sawaya, Councilman Eric Rudy and Councilman Bill Thek. Councilman Quinn was absent.
Motion was made by Councilman Bowen to excuse the absence of Councilman Quinn; seconded by Councilman Rudy. The mayor then called for the question. Those voting “Yea,” were Councilman Bowen, Councilman Price, Councilman Sawaya, Councilman Rudy and Councilman Thek. Mayor Tomassi voted “Nay.” Motion carried.
Motion was made by Councilman Bowen to approve the agenda of September 14, 2020, as amended to strike Consent Agenda item (c), Authorize the Mayor to sign Verizon/NASPO Agreement and include new business (d), WAM Resolution No. 2020-01 through 2020-09; seconded by Councilman Thek and unanimously approved by Council present.
VISITORS COMMENTS & PRESENTATIONS:
None.
CONSENT AGENDA:
Motion was made by Councilman Sawaya to approve the items on the consent agenda as amended; seconded by Councilman Bowen and unanimously approved by Council present. Those items were:
(a) approval of the minutes of August 24, 2020, as presented;
(b) approval of the payment of the bills, payroll, and ACH payments as presented:
14173 UMWA 198.60 14174 All West Comm. 161.40
14175 Allen, Scott 60.50 14176 Auto Inn Repair, Inc. 1,725.00
14177 Bear Bottom Equipment 2,140.00 14178 Benson, J. & King, J. 60.50
14179 Big Pee Industries, Inc. 700.00 14180 BCBS of Wyoming 60,500.00
14181 Bugman, Inc. 280.00 14182 City of Kemmerer 6,759.63
14183 Crank Companies, Inc. 11,144.75 14184 Delta Dental 2,309.25
14185 Atty. Gen. Div. of Victim Srvs. 54.20 14186 Dunlap, Terrill 60.50
14187 Fossil Basin Promo Bd 14,780.00 14188 Freedom Mlg Srvs., Inc. 780.29
14189 Golden West Industrial Supply 135.97 14190 Harris Law Office, PC 750.00
14191 Jive Communications, Inc. 322.92 14192 JUB Engineers, Inc. 2,750.53
14193 Kart-Man, LLC. 1,857.00 14194 K-D Joint Powers Bd. 63,449.00
14195 Kemmerer Gazette 135.45 14196 Lincoln Cty. Landfill 9,329.19
14197 Lincoln Cty. Sher. Office 2,360.00 14198 Mtn. West Bs. Solutions 30.00
14199 Netwize 1,635.00 14200 One-Call of Wyoming 29.25
14201 Parry, Stewart & Tiffany 60.50 14202 Ricoh USA, Inc. 162.52
14203 Rocky Mountain Power 10,712.14 14204 Sandall, Shelley 60.50
14205 Shums Coda Asso. 870.00 14206 Star Valley Humus 993.70
14207 Stout, E. Dean 1,440.00 14208 Sunrise Engineering 1,493.00
14209 Team Lab.Chemical, LLC 569.50 14210 Tegeler & Associates 13.00
14211 Turf Control, LLC 148.90 14212 Turf Equip. & Irrigation 57.56
14213 Uinta Bank 3,955.83 14214 Val, Inc. 1,413.56
14215 Verizon Wireless 1,426.17 14216 VSP of Wyoming 269.96
14217 Wagner & Wagner, Inc. 2,604.08 14218 WEBT 283.75
14219 Westar Printing, Inc. 258.82 14220 Wex Bank 1,235.42
14221 Wheeler Mach. Co., Inc. 78.98 14222 WYDOT-Fin. Srvs. 2.95
14223 Wyo. Asso. of Munic. 3,415.97 14224 Xerox Financial Srvs. 248.65
8/19/20 Western Wyo. Beverage 53.40 8/19/20 Western Wyo. Beverage 112.30
8/19/20 Teton Distributors 154.50 8/27/20 Western Wyo. Beverage 209.70
8/27/20 Western Wyo. Beverage 64.00 8/27/20 Teton Distributors 100.70
9/3/20 Secure Instant Payments 24.95 9/3/20 Western Wyo. Beverage 80.10
9/3/20 Teton Distributors 52.05 9/2/20 Expert Pay – ACH 96.54
9/2/20 Federal Tax Dep. – ACH 12,525.53 9/2/20 Payroll Dir. Dep.-ACH 43,812.22
9/2/20 City Flex Deposit 100.00 9/2/20 ICMA – ACH 225.00
9/2/20 Orchard Trust – ACH 795.00
PRESENTATIONS:
Audra Rogue of South Vegetation Management, LLC gave a presentation to the council on the 2020 summer weed spraying project.
OLD BUSINESS:
None
NEW BUSINESS:
a. Motion was made by Councilman Sawaya to grant the Chamber of Commerce a 100% fee waiver to use the Event Center for a Meet the Candidate Night on October 8, 2020; seconded by Councilman Thek and unanimously approved by Council present.
b. Motion was made by Councilman Sawaya to proceed with the advertisement for bids on dump boxes and hydraulic system for the two new dump trucks; seconded by Councilman Rudy and unanimously approved by Council present.
c. Motion was made by Councilman Bowen to table the InDesign Report vs. a Power Point for Downtown Revitalization Roadmap; seconded by Councilman Thek. The mayor then called for the question. Those voting “Yea,” were Mayor Tomassi, Councilman Bowen, Councilman Price, Councilman Rudy and Councilman Thek. Councilman Sawaya voted “Nay.” Motion carried.
d. Motion was made by Councilman Price to appoint Brian Muir as the voting delegate for the WAM Resolutions Zoom meeting on Thursday, September 17th, 2020; seconded by Councilman Rudy and unanimously approved by Council present.
Motion was made Councilman Sawaya to support WAM Resolution No. 2020-01, A Resolution to Research and Advocate for Changes to 911 Service Funding; seconded by Councilman Rudy and unanimously approved by Council present.
Motion was made by Councilman Thek to support WAM Resolution No. 2020-02, A Resolution to Support and Strengthen the Wyoming Association of Sheriffs and Chiefs of Police Lobbying Effort on Gaming; seconded by Councilman Price. The mayor then called for the question. Those voting “Yea,” were Mayor Tomassi, Councilman Price, Councilman Rudy Councilman Sawaya and Councilman Thek. Councilman Bowen voted “Nay.” Motion carried
Motion was made Councilman Sawaya to support WAM Resolution No. 2020-03, A Resolution to Remind Legislators About the Powers of Governance Delegated to Counties and Municipalities; seconded by Councilman Bowen and unanimously approved by Council present.
Motion was made Councilman Bowen to abstain from voting for WAM Resolution No. 2020-04, A Resolution to Amend State Statute to Allow WDEQ to Issue Payment of Eligible Landfill Remediation Program Credit to Landfill Owners; seconded by Councilman Sawaya and unanimously approved by Council present.
Motion was made Councilman Sawaya to support WAM Resolution No. 2020-05, A Resolution Supporting Legislation Terminating the Requirement of Posting Notice of Applications for All Liquor Licenses Renewals, Transfers or New Applicants on the Premises of the Applicant; seconded by Councilman Bowen and unanimously approved by Council present.
Motion was made Councilman Sawaya to support WAM Resolution No. 2020-06, A Resolution to Provide Uniform Financial Transparency in Every Governmental Entity Within Wyoming; seconded by Councilman Thek and unanimously approved by Council present.
Motion was made Councilman Sawaya to support WAM Resolution No. 2020-07, A Resolution to Amend State Statute to Give Seasonal Employer Status to Municipalities such that Seasonal Employees are Exempt from Collecting Unemployment Payments; seconded by Councilman Price and unanimously approved by Council present.
Motion was made Councilman Bowen to support WAM Resolution No. 2020-08, A Resolution Supporting the Authority of Cities and Towns to Create Taxing Districts; seconded by Councilman Rudy and unanimously approved by Council present.
Motion was made Councilman Sawaya to support WAM Resolution No. 2020-09, A Resolution Supporting an Amendment to the Statutes Relating to the Distribution of Sales Tax; seconded by Councilman Bowen and unanimously approved by Council present.
COMMENTS:
City Administrator, Brian Muir, made comments. Councilman Price, Councilman Sawaya, Councilman Thek, and Mayor Tomassi made comments.
Councilman Rudy made the motion to adjourn into Executive Session concerning possible litigation; seconded by Councilman Bowen and unanimously approved by Council at 8:36 p.m.
Councilman Thek made the motion to reconvene into regular session; seconded by Councilman Rudy and unanimously approved by Council present.
There being no further business before Council, Councilman Sawaya made a motion to adjourn the meeting; seconded by Councilman Price and unanimously approved by Council; 8:06 p.m.
CITY OF KEMMERER, WYOMING
BY: ANTHONY TOMASSI, MAYOR
ATTEST: GLENDA R. YOUNG
ADMINISTRATIVE SERVICES DIRECTOR
PUBLISHED: Oct. 1, 2020 10012

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